Product Removed From My SL Marketplace Store Under Intellectual Property Guidelines????

[Ladanya]

Ignored.

[Ladanya]

3. Yes but I can ignore certain people on this thread, so....

[Butch Daddy]

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Ladanya wrote:

Hi. I just received a notice that an item (A framed memoriam pic of Robin Williams) I listed on my sl marketplace was removed due to intellectual property guidelines. I read the guidelines and it still does not make sense to me why my item was removed.

You cannot use an image for which you do not personally own the rights to.  Taking an image from the web and using it in one of your items is against the law.

First of all, I never claimed to own rights or that I created the pic of Robin Williams.

It doesn't matter if you do not claim to own the rights to the image. Even if you did try to claim that you owned the rights to the image it would not matter.  You do not. Therefore you cannot use the image. Plain and simple.

Second, I find it to be highly unfair for my product to be removed b/c there are many listings on the SL marketplace (from merchants other than myself) who have items based on RL celebrities all the time, even with photos of the late and great Robin Williams.

You just got caught. They haven't.  It doesn't mean that what they are doing is legal.

I didn't infringe on anyone or anything, I was just paying tribute to a great talented guy.

You did infringe.  You do not own the rights to the image, so you cannot use it.  Using the image without permission of either the photographer or the deceaseds estate IS infringing

And if I was infringing by doing that, then Linden Labs should remove everybody else's listings that involve celebrities as well. Also I am sick and tired of my sl marketplace store being unnecessarily flagged and having my items removed that are no different than everybody else's whose stores don't get targetted!:matte-motes-angry:

Then report them to the rights owners.  Linden Lab does not own, and does not control, Copyrighted content that belongs to other people. 

Under the law, it is not Linden Lab's responsibility to ensure that people comply with the law.  In fact, under the law, it is expressley set down that the rights owner is the only one who can lay claim and report violations.

 

In the end, it makes no difference.  You violated US Federal Law and got caught. Your item was removed from the site.

 

You only have yourself to blame for what happened.

[Butch Daddy]

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Ladanya wrote:

My intent does matter. & I'm sure you wouldn't say that your intent never matters with anything. People use and sell things based on RL celebs in the SL marketplace all the time. Once again, even if I had the permission to redistribute a Celeb's likeness in SL, how could I prove that anyway? What is so hard for you to understand what I am saying? My main point is that some of my items have been removed from my SL marketplace for even reasons that don't make sense period! I didn't write on this forum to argue or debate with anyone. Nor do I want to waste further time on it. There is no point or sense to keep dragging on a topic especially if I know for sure that I am not going to agree with you and you are not going to agree with me. & you can't say that someone's intent doesn't matter, especially if you don't even know them. People make mistakes. Let's even take this out of the context of SL and use RL. For instance, if someone breaks the law (especially if it is a petty crime/violation like not seeing a "stop" sign or a red traffic light and their car keeps moving past it without stopping) and it wasn't his/her intent to violate the rules, would you punish them and/or label them a "criminal"?? Yeah, I think not.

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Your intention doesn't matter.

If you run a stop sign, you would still get a ticket for it if a police officer sees you do it.

Hell, with Red Light Cameras all over the place, you could get a ticket even if police officer doesn't see you do it. You would get the ticket mailed to you.

There are guideliens and policies all over the place. You have to agree to them before you created the account. You had to agree to them before you created your store.

Claiming ignorance because you didn't bother to read those rules, or you do not understand them, doesn't matter. You still broke the rules, and you got caught.

 

[Perrie Juran]

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Ladanya wrote:

It's obvious that you don't understand what I mean at all. Whatever. Whether or not I have the right to redistribute something doesn't matter b/c even my items which didn't really violate anything (which are most of my items) have been removed from my marketplace store. I know what my intentions are when I list my items in my SL store and they are NOT to break LL & TOS rules. Simple as that.

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OK, I think I get this.  You are saying only the picture should have been removed not the items that you were selling with it.

Correct me if I'm wrong but as I read it you were selling a "package" deal, including the picture with the items.

Maybe we could say it is a shortcoming that LL delists the whole package and not just the infringing item.

But apparently that is not how they set the system up to work. 

Still, I can not see anything that obligates them to do it any differently.  Why should they have to cater to anyone that includes infringing content in a listing?

[Ladanya]

Ok. This is not a blame game & I don't need someone else repeating to me what has already been said before on this thread. Let's get this straight, I'm not even trying to justify what I did. So no, I don't blame myself and I don't need anyone else judging me for making a mistake, whether or not it was legal/illegal especially if they constantly fail to understand my point in the first place. Intention does matter, b/c if someone commits a mistake by accident even if they failed to completely follow a rule or is not totally clear on the rules you can't just automatically assume that they are a total "law breaker".

[Ladanya]

I'm not asking for anyone to cater to anything. Let's just even forget about the whole celeb infringement which for some reason, everyone seems to be stuck on. I mean just having my items removed from my store and I'm not even violating any rules. That's my whole point.

[Pamela Galli]

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Ladanya wrote:

I mean just having my items removed from my store and I'm not even violating any rules. That's my whole point.

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Wow.

[Holger Gilruth]

Why are you angry?

You try to sell something you have not created yourself and have no rights about it. Thats all and fact.

[Ladanya]

OMG. I'm not angry. I'm just annoyed that some of the replies on this thread are more of name-calling and finger-pointing instead of informative. & I did create the item myself as well as my other items in my store.

[Perrie Juran]

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Ladanya wrote:

I'm not asking for anyone to cater to anything. Let's just even forget about the whole celeb infringement which for some reason, everyone seems to be stuck on. I mean just having my items removed from my store and I'm not even violating any rules. That's my whole point.

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OK, you did reference having other items removed (in the past I'm guessing). 

But there are a lot of questions we could ask here.  We're the items 100% created by you or were you using templates or objects obtained from someone else to make them?

There are sadly some building supplies being sold (or even being given away for free) that are stolen content and if a DMCA gets filed all copies wind up getting removed.  Yes, I know that sucks for the person who inocently used them.

But if an item was 100% created by you, the only way it could be taken down is if someone filed a DMCA notice against you and you did not respond to the notice.

[Pamela Galli]

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Ladanya wrote:

Hi.

I just received a notice that an item (A framed memoriam pic of Robin Williams) I listed on my sl marketplace was removed due to intellectual property guidelines. I read the guidelines and it still does not make sense to me why my item was removed.

First of all, I never claimed to own rights or that I created the pic of Robin Williams. Second, I find it to be highly unfair for my product to be removed b/c there are many listings on the SL marketplace (from merchants other than myself) who have items based on RL celebrities all the time, even with photos of the late and great Robin Williams.

I didn't infringe on anyone or anything, I was just paying tribute to a great talented guy.

And if I was infringing by doing that, then Linden Labs should remove everybody else's listings that involve celebrities as well. Also I am sick and tired of my sl marketplace store being unnecessarily flagged and having my items removed that are no different than everybody else's whose stores don't get targetted!:matte-motes-angry:

 

-Ladanya Resident

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Just quoting this to make clear what she said her "whole point" is.

And I imagine some of her stuff got pulled for keyword spamming. These are her keywords for a tattoo:

 

"Halloween, tattoos, tattoo, right, left, neck, head, vampire, dracula, ink, outfit, horror, goth, gothic, blood, clothing, monster, costume, skull, skulls, fangs, bite, woman, girl, female"

[Ladanya]

I don't know what's going on, which I why I posted this forum. All I know is that, the more I try to understand certain things and rules on SL, the more it seems there is to learn and to be clarified. Simple as that.

[Ladanya]

My keywords that you just posted on here are relevant to a specific tattoo. Not that it is of your concern, or for you to post my business like that to everyone but no that is not why my items have been pulled. You have already been asked to stop harassing me.

[Pamela Galli]

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Ladanya wrote:

My keywords that you just posted on here are relevant to a specific tattoo. Not that it is of your concern, or for you to post my business like that to everyone but no that is not why my items have been pulled. You have already been asked to stop harassing me.

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YOU claimed your items were being pulled for "no reason".  Keyword spam is a likely reason, so I suggested that, based on that list of clear keyword spam.  

You said you had me on ignore :-)

As far as harrassment, telling you things you dont like to hear is not harrassment. Harrassment is IMing me inworld to complain.

[Perrie Juran]

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Ladanya wrote:

I don't know what's going on, which I why I posted this forum. All I know is that, the more I try to understand certain things and rules on SL, the more it seems there is to learn and to be clarified. Simple as that.

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Unless someone is for some reason targetting you.

I'm not a Merchant so I don't know exactly how the appeals process works but if something is wrongfully removed then you can appeal.

LL is supposed to review 'complaints' before pulling a product but the track record on this is not the best from what I have read.

 

[Ladanya]

No, harassing someone is calling someone a rude name and constantly contacting them even after they respectfully asked you to stop doing so. It is also called "bullying", which is illegal in both SL and RL. 

[Pamela Galli]

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Ladanya wrote:

No, harassing someone is calling someone a rude name and constantly contacting them even after they respectfully asked you to stop doing so. It is also called "bullying", which is illegal in both SL and RL. 

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I NEVER have initiated contact with you; I merely replied after you contacted me -- twice!  Hard to make a case for "bullying" when you are the one initiating contact. :-)

[Ladanya]

No. Just b/c I may have initiated contact does not mean that I was bullying. If anything, I was trying to end any further correspondence by asking you to stop. I need help from a moderator please.

[Drake1 Nightfire]

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Pamela Galli wrote:

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Ladanya wrote:

My keywords that you just posted on here are relevant to a specific tattoo. Not that it is of your concern, or for you to post my business like that to everyone but no that is not why my items have been pulled. You have already been asked to stop harassing me.

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YOU claimed your items were being pulled for "no reason".  Keyword spam is a likely reason, so I suggested that, based on that list of clear keyword spam.  

You said you had me on ignore :-)

As far as harrassment, telling you things you dont like to hear is not harrassment. Harrassment is IMing me inworld to complain.

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DId she send you a notecard as well? Can I compare it to the one she sent me?

[Pamela Galli]

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Drake1 Nightfire wrote:

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Pamela Galli wrote:

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Ladanya wrote:

My keywords that you just posted on here are relevant to a specific tattoo. Not that it is of your concern, or for you to post my business like that to everyone but no that is not why my items have been pulled. You have already been asked to stop harassing me.

---

YOU claimed your items were being pulled for "no reason".  Keyword spam is a likely reason, so I suggested that, based on that list of clear keyword spam.  

You said you had me on ignore :-)

As far as harrassment, telling you things you dont like to hear is not harrassment. Harrassment is IMing me inworld to complain.

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DId she send you a notecard as well? Can I compare it to the one she sent me?

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The notecard was called 

'Got ya. I Have Reported You For Abuse.' and just had her IM to me pasted in it.

 Similar to yours, ordering me to stop posting, claiming that this forum belonged to her, accusing me of bullying her, etc.  Same as the stuff that she has posted in this thread and had deleted three times now.

[Ladanya]

6.1 You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person's rights.

You agree that you will not:

(i) Post, display, or transmit Content that violates any law or the rights of any third party, including without limitation Intellectual Property Rights. We reserve the right to request at any time proof of permissions in a form acceptable to us. Failure to provide such proof may lead to, among other things, removal of such Content from the Service;

(ii) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation, or if you are an adult, impersonate a minor for the purpose of interacting with a minor using the Service;

(iii) Stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Service;

(iv)  Post, display, or transmit Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy;

(v) Post, display, or transmit Content that is obscene, hateful, or racially, ethnically or otherwise objectionable; or

 (vi) Post, display or transmit any Content or conduct or host any activity that is sexually explicit, or intensely violent.
Any violation by you of the terms of this Section may result in immediate termination of your Accounts without any refund or other compensation.

 

[Holger Gilruth]

at least now i know why its removed. Stupidity and he or she will never understand why it happen. But any other will know why